Flagler School Board member's wife to be sentenced in fatal accident

Published: Tuesday, April 9, 2013 at 6:16 p.m.

Last Modified: Wednesday, April 10, 2013 at 4:15 p.m.

The wife of a Flagler County School Board member is scheduled to be sentenced Wednesday to between 21 to 36 months in prison for an accident that killed a woman and contributed to former Flagler County Sheriff Don Fleming's ouster from office.

Jamesine Fischer, wife of School Board member John Fischer, will be sentenced at a hearing starting at 1:30 p.m. at the Kim C. Hammond Justice Center in Bunnell.

Jamesine Fischer, 56, pleaded guilty in February to a charge of leaving the scene of a crash involving death as part of a plea agreement. Fischer was driving her PT Cruiser about 6 p.m. Nov. 10, 2011, when it struck 76-year-old Francoise Pecqueur as she walked her dog in the C section of Palm Coast. Pecqueur died two days later.

Circuit Judge J. David Walsh will sentence Jamesine Fischer, who, according to the plea agreement, will also serve 10 years of probation after her prison time.

Besides the prison time and probation, Jamesine Fischer, who lives in Palm Coast, will have her driver's license suspended for three years after her release from prison. She is prohibited from drinking alcohol during her probation.

The charge against Fischer — leaving the scene of a crash involving death — is a first-degree felony punishable by up to 30 years in prison.

Fischer has no prior criminal record and sentencing guidelines call for her to receive at least 21 months in prison, which is the minimum she will get based on the plea agreement.

The plea agreement creates a “mini-guideline” that helps both sides come to an agreement, said Joe Bodiford, an adjunct professor of criminal procedure at Stetson University College of Law.

“It's kind of a creative way to induce a plea and still appease the family of the victim that, number one, want to be heard and certainly have a right to be heard,” Bodiford said.

Because of the plea agreement, Fischer won't have to worry about the possibility of a significantly longer sentence, Bodiford said.

“She will do some prison time but she's not scared to do an open plea with the risk that she might have to do seven or 10 or 15 years,” Bodiford said.

Pecqueur's daughter, Catherine Vyvyan, declined to comment Tuesday other than to say she plans to attend the sentencing hearing.

While Jamesine Fischer stopped at the scene, she did not call 9-1-1. That was done by a passer-by, records show. Jamesine Fischer also was accused of trying to deceive emergency workers by telling them Pecqueur had fallen, according to a charging affidavit.

Jamesine Fischer did not call the Sheriff's Office to report the crash until 11 ½ hours after the accident, records show. And the Sheriff's Office handled the call as a medical problem and did not send a deputy for about six hours.

Then-sheriff Fleming initially said he would not review his department's response policy. Eventually, Fleming ordered a review and then said there was no need to change the policy.

Fleming also drew criticism because of phone calls between him and John Fischer. Fleming said John Fischer called him about 5:30 a.m. on Nov. 11, 2011, to say that his wife had been in an accident and believed she had hit an animal. Fleming said he told John Fischer to report the accident and several minutes later the Fischers did. But John Fischer has denied calling Fleming that morning. Fleming also said he called John Fischer later that day to follow up that he had reported the accident.

Flagler County Sheriff Jim Manfre said Pecqueur's death was one of the reasons he ran for office against Fleming.

“It's been a terrible tragedy, certainly for the Pecqueur family,” Manfre said.

Manfre said that crimes have an impact not only on the family of the victim, but also on the family of the accused.

Manfre added that drivers must stop when they are in an accident.

“Your responsibility when you are in an accident is to stop and render aid and report it,” Manfre said. “I hope that message is transmitted to others.”

<p>The wife of a Flagler County School Board member is scheduled to be sentenced Wednesday to between 21 to 36 months in prison for an accident that killed a woman and contributed to former Flagler County Sheriff Don Fleming's ouster from office.</p><p> Jamesine Fischer, wife of School Board member John Fischer, will be sentenced at a hearing starting at 1:30 p.m. at the Kim C. Hammond Justice Center in Bunnell.</p><p> Jamesine Fischer, 56, pleaded guilty in February to a charge of leaving the scene of a crash involving death as part of a plea agreement. Fischer was driving her PT Cruiser about 6 p.m. Nov. 10, 2011, when it struck 76-year-old Francoise Pecqueur as she walked her dog in the C section of Palm Coast. Pecqueur died two days later. </p><p> Circuit Judge J. David Walsh will sentence Jamesine Fischer, who, according to the plea agreement, will also serve 10 years of probation after her prison time. </p><p> Besides the prison time and probation, Jamesine Fischer, who lives in Palm Coast, will have her driver's license suspended for three years after her release from prison. She is prohibited from drinking alcohol during her probation. </p><p> The charge against Fischer — leaving the scene of a crash involving death — is a first-degree felony punishable by up to 30 years in prison. </p><p> Fischer has no prior criminal record and sentencing guidelines call for her to receive at least 21 months in prison, which is the minimum she will get based on the plea agreement. </p><p> The plea agreement creates a “mini-guideline” that helps both sides come to an agreement, said Joe Bodiford, an adjunct professor of criminal procedure at Stetson University College of Law. </p><p> “It's kind of a creative way to induce a plea and still appease the family of the victim that, number one, want to be heard and certainly have a right to be heard,” Bodiford said. </p><p> Because of the plea agreement, Fischer won't have to worry about the possibility of a significantly longer sentence, Bodiford said. </p><p> “She will do some prison time but she's not scared to do an open plea with the risk that she might have to do seven or 10 or 15 years,” Bodiford said. </p><p> Pecqueur's daughter, Catherine Vyvyan, declined to comment Tuesday other than to say she plans to attend the sentencing hearing. </p><p> While Jamesine Fischer stopped at the scene, she did not call 9-1-1. That was done by a passer-by, records show. Jamesine Fischer also was accused of trying to deceive emergency workers by telling them Pecqueur had fallen, according to a charging affidavit. </p><p> Jamesine Fischer did not call the Sheriff's Office to report the crash until 11 ½ hours after the accident, records show. And the Sheriff's Office handled the call as a medical problem and did not send a deputy for about six hours. </p><p> Then-sheriff Fleming initially said he would not review his department's response policy. Eventually, Fleming ordered a review and then said there was no need to change the policy. </p><p> Fleming also drew criticism because of phone calls between him and John Fischer. Fleming said John Fischer called him about 5:30 a.m. on Nov. 11, 2011, to say that his wife had been in an accident and believed she had hit an animal. Fleming said he told John Fischer to report the accident and several minutes later the Fischers did. But John Fischer has denied calling Fleming that morning. Fleming also said he called John Fischer later that day to follow up that he had reported the accident. </p><p> Flagler County Sheriff Jim Manfre said Pecqueur's death was one of the reasons he ran for office against Fleming. </p><p> “It's been a terrible tragedy, certainly for the Pecqueur family,” Manfre said. </p><p> Manfre said that crimes have an impact not only on the family of the victim, but also on the family of the accused. </p><p> Manfre added that drivers must stop when they are in an accident. </p><p> “Your responsibility when you are in an accident is to stop and render aid and report it,” Manfre said. “I hope that message is transmitted to others.”</p>